CJI Sanjiv Khanna Recuses From Hearing Petitions Challenging Law On Election Commissioners' Appointment

Chief Justice of India Sanjiv Khanna on Tuesday (December 3) recused from hearing a batch of petitions which challenge the validity of the law relating to the appointment of Chief Election Commissioner and Election Commissioners.

A bench of Chief Justices Sanjiv Khanna and Justice Sanjay Kumar was hearing the petitions challenging the constitutionality of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The petitions are directed to be listed in the week commencing on January 6, 2025, before another bench. The bench also asked the Union Government and the ECI to file their responses.

Through the new law, the Chief Justice of India was dropped from a committee to appoint the chief election commissioner (CEC) and other election commissioners. They are to be appointed based on the recommendation of a committee comprising the Prime Minister, a Cabinet Minister and the Leader of the Opposition.

Earlier, the Court(bench of Justice Khanna and Justice Dipankar Datta) had refused to stay the law ahead of the 2024 Lok Sabha elections.

The petitions have been filed by Congress leader Jaya Thakur, the Association for Democratic Reforms(ADR), the People's Union for Civil Liberties (PUCL), Lok Prahari etc.

Background

The Election Commissioners' Act, passed in December 2023, replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 The most notable feature of the new legislation is that the President would appoint the election commissioners on the strength of a selection committee's recommendation, prepared after considering a list of candidates proposed by a search committee headed by the Union Law Minister. According to Section 7, the selection committee would consist of the prime minister, a union cabinet minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha. Section 8 empowers the panel to regulate its own procedure in a transparent manner, and even consider persons other than those suggested by the search committee.

This legislative development came after a constitution bench led by Justice (Retd) KM Joseph directed the election commissioners to be appointed by the President of India on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India to maintain the independence of the Election Commission from the executive branch. The Court however clarified that its direction is of an ad-hoc nature to remain in force til the Parliament enacted a law in the matter.

Case Details| Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 and connected cases.